O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Felony DUI / DWAI at the Colorado Legislature

Colorado's law makers are struggling through the process of amending our state's DUI / DWAI laws to make Driving Under the Influence a class four felony, if a person has three prior misdemeanor DUI's or DWAI's. Whether in Denver or Adams County, men and women who drink are not going to be deterred by whether this criminal offense is a felony or misdemeanor. I think the discussion is more intended for someone's reelection vs. the safety of Colorado drivers.

Colorado's Current DUI / DWAI Law Can be Made Tougher

Currently, men and women can go to jail for up to a year for Driving Under the Influence, or DUI, C.R.S. 42-4-1301. That is a long time. If lawmakers don't think that is enough time off the streets, just increase the penalty of our DUI and DWAI crimes. We have other misdemeanors in our state where the maximum punishment is two years in the Arapahoe County Jail or the Douglas County Jail. That two years would be more than sufficient for a deterrent effect, if deterrence comes from longer sentences. My experience is that people drink and drive because they make bad decisions after drinking. How will a longer sentence make them smarter when drunk? It would be far more effective to simply require them to forfeit their car to the state on their third DUI conviction.

Colorado Has Another Option with Felony Vehicular Assault

Another reason the felony DUI law is unnecessary is that Colorado has the crime of Vehicular Assault, C.R.S. 18-3-205, which is already charged as a class four felony. This crime is deadly serious, with a punishment in the Colorado Department of Corrections for 2-6 years and five years of parole. The law provides that if a person injures another seriously, and alcohol or drugs (including marijuana) are involved, they can be charged with a this serious felony and go straight to prison.

Politicians Want to Pass This Law to Help Get Themselves Reelected

I think laws should be amended and made tougher as the need arises, not to make politicians look like they are kept busy. Let's face it, as is the case with most every new law, existing laws are working fine. State house members and senators strive to look tough on crime so they can get reelected. They must work to pass something, or they can be accused at election time of not "working" for their constituents. Further complicating our criminal justice system is not my idea of work.

We are a law firm committed to representing ordinary men and women who have been accused of a crime. You don't have to be rich to hire us. You just need to have a passion for justice to be done. We know the government overcharges in almost every case. If you, your son or your daughter has been accused of a crime in Jefferson County or Boulder, Colorado, consult with the best criminal defense attorney by calling 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.